5 U.S. Code § 2102 - The competitive service

(A)positions which are specifically excepted from the competitive service by or under statute;

(B)positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs; and

(C)positions in the Senior Executive Service;

(2)civil service positions not in the executive branch which are specifically included in the competitive service by statute; and

(3)positions in the government of the District of Columbia which are specifically included in the competitive service by statute.

(b)Notwithstanding subsection (a)(1)(B) of this section, the “competitive service” includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute.

(c)As used in other Acts of Congress, “classified civil service” or “classified service” means the “competitive service”.

Subsection (a)(1) is based on former section
638, which placed positions in the executive branch of the Government generally in the competitive service by the requirement that employment be predicated on passing an examination or being exempted from examination, and section 1 of the Act of Nov. 26, 1940, ch. 919, title I, 54 Stat. 1211 (see table III), which authorized the President, subject to certain exceptions, to place in the classified civil service positions in the Executive departments, independent establishments, and other agencies of the Government. In that Act the word “executive” has been construed to modify “departments”, “independent establishments”; and “other agency”. This construction is supported by the language of the Act of Jan. 16, 1883, and is embodied in Civil Service Rule I. Acting under this statute, the President has placed all but a comparatively few of the positions covered by the Act of Nov. 26, 1940, in the competitive service. The remainder are covered by the exceptions contained in the Civil Service Rules and Regulations. The authority of the President conferred by the Act of Nov. 26, 1940, has been superseded in part by exceptions created by statutes enacted after that date. The effect of these exceptions and the power conferred on the President by former section
633(2)8 (last sentence) to make exceptions to the Civil Service Rules are preserved by the words “positions which are specifically excepted from the competitive service by or under statute”.

In subsection (a)(1)(B), the words “or to pass an examination” are omitted as covered by the exclusion from the “competitive service”.

Subsection (a)(2) preserves the exception stated in former section
638 modified to recognize the several statutory exceptions to this exception that have been enacted. The language of former section
638 relative to examination is codified in sections
3304(b) and
3361. The reference to veterans’ preference is omitted because the statute referred to, R.S. § 1754, was superseded by sections 3 and 21 of the Act of June 18, 1929, ch. 28, 46 Stat. 21. Section 3 of the Act of June 18, 1929, was superseded by the Act of June 27, 1944, ch. 287, 58 Stat. 387, as amended, which is carried into this title. Rights preserved by section 18 of the Act of June 27, 1944, are further preserved by technical section
8. The exception for laborers and workmen was superseded by the Act of Nov. 26, 1940.

Subsection (b) is added because of the provisions in section
3311 of title
39.

Subsection (c) is supplied for conformity inasmuch as the terms are coextensive by definition.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Amendment by Pub. L. 95–454effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 ofPub. L. 95–454, see section 415 ofPub. L. 95–454, set out as an Effective Date note under section
3131 of this title.

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